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April 18, 2022 09:00 pm

Web Scraping is Legal, US Appeals Court Reaffirms

Good news for archivists, academics, researchers and journalists: Scraping publicly accessible data is legal, according to a U.S. appeals court ruling. From a report: The landmark ruling by the U.S. Ninth Circuit of Appeals is the latest in a long-running legal battle brought by LinkedIn aimed at stopping a rival company from scraping personal information from users' public profiles. The case reached the U.S. Supreme Court last year but was sent back to the Ninth Circuit for the original appeals court to re-review the case. In its second ruling on Monday, the Ninth Circuit reaffirmed its original decision and found that scraping data that is publicly accessible on the internet is not a violation of the Computer Fraud and Abuse Act, or CFAA, which governs what constitutes computer hacking under U.S. law. The Ninth Circuit's decision is a major win for archivists, academics, researchers and journalists who use tools to mass collect, or scrape, information that is publicly accessible on the internet. Without a ruling in place, long-running projects to archive websites no longer online and using publicly accessible data for academic and research studies have been left in legal limbo. But there have been egregious cases of scraping that have sparked privacy and security concerns. Facial recognition startup Clearview AI claims to have scraped billions of social media profile photos, prompting several tech giants to file lawsuits against the startup. Several companies, including Facebook, Instagram, Parler, Venmo and Clubhouse have all had users' data scraped over the years.

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